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Ethical Problems in the Practice of Law Keyed to Lerman, 6th Ed.
Togstad v. Vesely, Otto, Miller & Keefe
Citation:
291 N.W.2d 686 (1980)Facts
In August 1971, John Togstad was hospitalized for severe headaches caused by an aneurysm. Dr. Blake treated him by implanting a Selverstone clamp on his carotid artery to gradually reduce blood flow. On August 29, 1971, when the clamp was 50% closed, Togstad became paralyzed and unable to speak. Despite Dr. Blake opening the clamp upon arrival, Togstad suffered permanent paralysis in his right arm and leg and lost his ability to speak. Approximately 14 months later, in October 1972, Joan Togstad met with attorney Jerre Miller to discuss her husband’s situation. During the 45-minute consultation, she described the hospital incident and nurses’ suspicious behavior. Miller told her he didn’t think they had a legal case but would discuss it with his partner. He never called back, and Mrs. Togstad understood this to mean they had no case. Miller did not request medical authorizations, review hospital records, or consult medical experts. By the time Mrs. Togstad consulted another attorney a year later, the two-year statute of limitations had expired.
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